Class Property Law

The course unit Property Law focuses on the legal regime governing "property." It examines the relationship between a right-holder and a specific object, as well as the resulting obligation imposed on third parties to refrain from interfering with that object. As the Property Law is a branch of Civil Law, a prior understanding of certain concepts-particularly those within the General Theory of Civil Law-is essential. The course will cover general concepts of the Property Law before delving into the subject's specific topics throughout the semester, beginning with the study of possession and subsequently examining each of the existing property rights.

Not applicable

Program Content - Property Law Part I - Fundamental Concepts 1.1. Subject of the course 1.2. General principles 1.3. Real Rights: studies on defining the concept 1.4. Characteristics of Real Rights 1.5. Object of Real Rights: tangible things 1.6. Classification of Real Rights Part II - Possession 2.1. Possessory protection 2.2. Possession and detention 2.3. Scope and classification of possession 2.4. Changes and variations 2.5. Effects of possession 2.6. Defense of possession Part III - General Theory of Real Rights 3.1. Content of Real Rights 3.2. Limitations of Real Rights 3.3. Co-ownership 3.4. Constitution, transfer, modification, defense, and extinction 3.5. Publicity: property registration Part IV - Usufructuary Real Rights 4.1. Ownership 4.2. Condominium ownership 4.3. Usufruct 4.4. Use and habitation 4.5. Surface rights 4.6. Easements 4.7. Periodic habitation real right 4.8. Perpetual habitation real right Part V - Warranties: Pledge, mortgage, and right of retention

The teaching of the syllabus content for the Property Law course will be accompanied by a study sheet resolution methodology. The study sheets will include a section dedicated to the analysis of relevant case law for the subject, theoretical or reflection questions, and practical questions.

MENEZES LEITÃO, Luís Manuel Teles de, Direitos Reais, 10.ª Edição, Coimbra, Almedina, 2022 - ISBN 9789894007272 CARVALHO, Orlando de, Direito das Coisas, 2.ª Edição, Coimbra, Gestlegal, 2021, ISBN 9789898951816